Vasquez v. State of California et al

Filing 24

ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/14/13 denying 22 Motion to Proceed IFP. Plaintiff shall submit within 30 days from the date of this order, a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint and the certification required on the application form. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT VASQUEZ,

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Plaintiff,

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No. 2:12-cv-2562 JAM CKD P

vs.
STATE OF CALIFORNIA, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

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to 42 U.S.C. § 1983. On October 17, 2012, and on January 25, 2013, plaintiff was directed to

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complete the application to proceed in forma pauperis form. Plaintiff has now filed a request for

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leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however,

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filed a certified copy of his prison trust account statement for the six month period immediately

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preceding the filing of the complaint and has not obtained the certification required on the

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application form. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to

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submit the completed application and the certified copy in support of his application to proceed

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in forma pauperis.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request to proceed in forma pauperis (Docket No. 22) is denied

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without prejudice;

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2. Plaintiff shall submit, within thirty days from the date of this order, a certified

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copy of his prison trust account statement for the six month period immediately preceding the

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filing of the complaint and the certification required on the application form. Plaintiff’s failure to

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comply with this order will result in a recommendation that this action be dismissed without

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prejudice.

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3. The Clerk of the Court is directed to send plaintiff a new Application to
Proceed In Forma Pauperis By a Prisoner.
Dated: February 14, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/kly

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vasq2562.3e

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